Category: Criminal Offenses · Statute: F.S. 787.03 · Source: Florida Legislature
Understanding Interference with Custody in Florida
In Florida, Interference with Custody under Florida Statute Section 787.03 occurs when a person knowingly takes, entices away, harbors, or conceals a minor (under age 18) or an incompetent person from their lawful parent, guardian, or designated custodian. While this charge can apply to third parties, it frequently arises during highly contested marital dissolutions or paternity disputes when one parent intentionally violates a court-ordered parenting plan. To constitute a crime, the taking must be done without legal authority and with the intent to deprive the lawful custodian of their physical custody rights.
This offense is generally classified as a third-degree felony, carrying penalties of up to five years in prison and a fine of up to $5,000. However, Florida law provides specific statutory defenses. For example, a parent may avoid prosecution if they reasonably believed their action was necessary to preserve the child from imminent physical danger, or if the child was escaping domestic violence. Additionally, if a parent voluntarily returns the child unharmed to lawful custody within three days, it can serve as a mitigating factor or defense under the statute.
Bail and Pretrial Release for Custody Interference
When an individual is arrested for Interference with Custody in Florida, judges often view the defendant as a potential flight risk, especially if there is a perceived threat that they might flee the jurisdiction or the state with the child. Consequently, a judge may impose specific, restrictive bond conditions. These routinely include strict "no-contact" orders prohibiting any contact with the child or the other parent, mandatory surrender of the defendant's and the child's passports, and geographical travel restrictions that prevent the defendant from leaving the county or state while the criminal case is pending.